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The Department of Intellectual Property (DIP) of the Ministry of Science and Technology of the People’s Republic of Laos began accepting multi-class applications as of February 1, 2016. On December 20, 2011, the DIP announced that Article 33 of the Intellectual Property Law of Laos would be revised to allow the filing of more than one class through a single trademark application. Prior to this announcement, only single class trademark applications were accepted in Laos. The revised measures, however, were not implemented until February 1, 2016.

It is expected that the new measures will prove advantageous to trademark owners for the following reasons:

  • Efficient examination of trademark applications—filing a multi-class application will mean all the classes will be examined simultaneously and the registrar’s decision will be handed down for all classes at the same time;
  • Cost effectiveness—trademark owners will save costs by not having to file separate applications for each class. However, the government fees will be payable on a per class basis; and
  • Easier renewal—all classes that a trademark proprietor wishes to renew can be renewed at once.

However, it is important to note that these measures mean that a refusal issued with respect to one class would also delay the acceptance of the other classes filed within the same application. Furthermore, there are no provisions currently in place to allow the division of a registered mark. This would make it difficult for a trademark proprietor to undertake a partial transfer of the trademark in question.

With the implementation of this new measure, Laos has now joined the ranks of other ASEAN countries such as Singapore, the Philippines, Vietnam, Cambodia, and Brunei, where multi-class applications are accepted. This measure is expected to bring Laos closer to the international standards followed by most IP regimes and will allow trademark owners to better devise their filing strategy in accordance with their requirements

 

This article was first published in INTA Bulletin on August 1, 2016. For further information, please visit http://www.inta.org/INTABulletin/Pages/INTABulletin.aspx.

On March 29, 2016, the High Court of Singapore overturned the Intellectual Property Office of Singapore’s (IPOS’s) decision to refuse registration of Caesarstone Sdot-Yam Ltd’s mark CAESARSTONE for goods in Class 19.

 

Appellant’s Mark Respondent’s Mark
 caesarstone  caesar

 

The respondent, Ceramiche Caesar SpA, had a prior registration in Class 19 for goods including “Non-metallic building materials, especially tiles for covering, floor coverings, tiles for gutters, cove moldings, corner beads not of metal, protruding wedges, stilted modular floors, special parts for finishing, stair treads.” Caesarstone Sdot-Yam Ltd’s’s application covered “Non-metallic tiles, panels for floors, floor coverings, wall cladding, flooring, and ceilings; non-metallic covers for use with floors and parts thereof; non-metallic profiles and floor skirting boards; slabs and tiles formed of composite stone for building panels, counter tops, vanity tops, floors, stairs, and walls.”

The Principal Assistant Registrar (PAR) had allowed the opposition against the appellant’s mark on the grounds that the mark was visually, aurally, and conceptually similar to the respondent’s mark in Class 19 and was likely to cause confusion as to trade source. The registrar further held that the respondent’s mark was well-known in Singapore and that the appellant’s mark was similar to a well-known mark.

In her decision, the PAR had found that the dominant element in both the appellant and respondent’s mark was the word “CAESAR.” On appeal, the appellant argued that there was no particular dominant element in the appellant’s mark. The appellant successfully argued that the significance of the device element in the mark should not be set aside and the impact of the device on the consumers’ perception of the mark in question should be taken into consideration. The judge further reiterated the established principle of law that the word element of the appellant’s mark CAESARSTONE should be examined as a single word, rather than dissecting its components “CAESAR” and “STONE.” The Court took into account that the word CESARSTONE in itself was an invented word.

In the appeal, the Court analyzed Section 8(2)(b) of the Trade Marks Act while discussing whether a relevant date or time should be taken into consideration when assessing likelihood of confusion. The Court observed that, although the provision did not stipulate the relevant time at which the likelihood of confusion is to be assessed, the provision also does not restrict the assessment to the date of the application.

This decision highlights the significance of post-application evidence filed in support of the application. Several cases on the point were discussed in the decision. In the present case, the Court found that the registrar had not given due consideration to the sales figures and other evidence filed by the applicant that were dated after the application was filed. The approach adopted by the Court is noteworthy because this will allow due consideration to be given to post-application usage of the mark while assessing the likelihood of confusion under Section 8(2)(b) of the Trade Marks Act.

This decision is on appeal before the Court of Appeal.

 

This article was first published in INTA Bulletin on August 1, 2016. For further information, please visit http://www.inta.org/INTABulletin/Pages/INTABulletin.aspx.

水曜, 10 8月 2016 02:58

Thailand Amends Trademark Act

Amendments to the Thailand Trademark Act will take effect on 28 July 2016. The amended Act introduces amendments to the trademark registration process, extends its protective scope and revises the applicable deadlines and fees.

A summary of the amendments to the Trademark Act is described in the table below:

Changes Before After Amendment on 28 July 2016

 

Oppositions and responses to Office Actions

 

 

90 days

 

60 days

 

Registration Fee Payment

 

 

30 days

 

60 days

 

Partial assignment

 

Not allowed

 

Allowed

Association of marks

Marks with same character so similar to one another must be registered as associate marks

               Abolished / No longer required

License Agreements

Termination depends on the terms of the agreement

A license agreement will not be terminated from the transfer or inheritance of the right unless agreed otherwise.

 

Registrability of Sound marks

 

Not allowed

    

Sound marks will be registrable if they are not directly descriptive of the applied goods/services.

 

Presumption of Inherent Distinctiveness

 

-

Marks that contain invented words, numbers, characters and devices which are not directly descriptive of the character or quality of goods/services will be presumed to have inherent distinctiveness.

 

Acquired Distinctiveness

 

-

Marks that lack inherent distinctiveness will be registrable if they have acquired distinctiveness from its use in Thailand to the extent that it is well known to the public.

 

Multiple-class applications

 

Not allowed

 

Multiple-class applications will be allowed.

 

Renewal Grace Period

 

Not allowed

A trade mark registration may still be renewed post expiry date provided the renewal application is filed within a period of 6 months from the expiry date and an additional 20 percent of the official fees is paid.

 

Unauthorized Refilling

 

-

Reusing or refilling of packages or containers bearing a trademark belonging to a third party is prohibited.

Official Fees

New Application:

        THB 500 per item

Registration fees:

         THB 300 per item

Renewal fees:

       THB 1,000 per item           

New Application:

         Up to five items = THB 1,000/item/class

         More than five items = THB 9,000/class

Registration fees:

         Up to five items = THB 600/item/class

         More than five items = THB 5,400/class

       Renewal fees:       Up to five items = THB 2,000/item/class

        More than five items = THB 18,000/class

After taking into consideration feedback from patent practitioners and policies of foreign patent offices that are relevant to Singapore, the Intellectual Property Office of the Singapore (IPOS) has released a revised version of the Examination Guidelines for Patent Applications, which contains amendments to the section concerning patentable subject matter.

The guidelines state that the assessment of whether the invention is patentable involves a consideration inter alia of whether the subject matter is novel, inventive and capable of industrial application. A separate analysis of the claimed subject matter should be conducted if there is a remaining issue that the claimed subject matter is not an “invention.”

To determine whether or not the claims define an “invention,” the Examiner should identify the actual contribution made by the claimed subject matter. An example is cited in the guidelines regarding business method claims. These claims would be considered an invention if the technical features (e.g. servers, user devices, etc.) interact with the business method to a material extent to address a specific problem. However, if the technical features recited in the claims are no more than the workings of a standard operating system, e.g. use of a computer system to perform a purely business method, then the claimed subject matter would not be considered an “invention” as such interaction is not considered to be a material extent and does not solve a specific problem.

The guidelines also declare that the following subject matters (among other things) are not considered to be “inventions”:

(a) a discovery, scientific theory or mathematical method;

(b) a literary, dramatic, musical or artistic work or any other aesthetic creation whatsoever;

(c) a scheme, rule or method for performing a mental act, playing a game or doing business, or a program for a computer;

(d) the presentation of information.

The revised guidelines are applicable to all national applications for a patent (and any divisional arising from it) with a filing date on or after 16 May 2016, and international applications entering national phase (and any divisional arising from it) on or after 16 May 2016.

Japan and Vietnam implemented a Patent Prosecution Highway (PPH) pilot program that took effect on 01 April 2016. 

In 2014, approximately 50% of the total filed applications at the NOIP remained pending and unexamined. To facilitate the reduction of backlog at NOIP and expedite the patent examination process, NOIP signed its first Patent Prosecution Highway (PPH) agreement with JPO in October 2015.

The PPH pilot program commenced with a capped number of requests on 1 April 2016 and will end on 31 March 2019. An application which has received allowance or grant by the Office of First Filing (OFF) can file a request under the PPH to fast track the examination of its corresponding claims in its corresponding Vietnamese application in the Office of Second Filing (OSF) on the basis of bilateral office agreements.

There may be an extension of the PPH pilot program after a joint NOIP-JPO review and assessment of the program implementation.

This PPH pilot program may be requested using the national work products from the JPO or from the NOIP. It is also possible that NOIP will sign similar agreements with other patent offices in the future if the outcome of this PPH trial proves favourable.

Given the increasing numbers of worldwide patent filings, there is a need to provide an alternative route to expedite the examination of these applications.The PPH program not only speeds up the prosecution of patent cases, but is also very cost-effective. While there are shortcomings with the PPH option, the benefits will outweigh these shortcomings as the PPH network grows. There is no doubt that most ASEAN member countries will continue with their respective PPH programs over the coming years.

 

 

 

木曜, 26 5月 2016 02:31

Update: Myanmar Trademark Practice

With significant changes in the political landscape of Myanmar (also known as Burma), there are similar expectations for corresponding changes in the economic and business practices as well. This further affects the expectations of IP holders to better protect their rights in this country. Currently, Myanmar is working with the World Intellectual Property office (WIPO) and World Trademarks Office (WTO) to introduce new IP laws which include legislation covering trademarks.

The present laws in Myanmar do not provide for a formal system of registration of IP rights inasmuch as there is no statutory protection for IP rights in Myanmar. The present provisions in place are based on the common law system, where trademarks can be protected by filing a declaration of ownership wherein the document serves as proof of ownership of the trademark in question. Local practice further requires the publication of a cautionary notice in a local newspaper to inform the public of the ownership rights vested in the trademark. Given that there is no formal registration procedure in place, there is no examination of marks owned by different proprietors.

However, a draft trademark law, currently awaiting final approval, seeks to establish a trademark regime more in sync with international practice. The draft law envisages the protection of trademarks, trade names and well-known marks, and discusses a 10 year period of registration, with renewal of trademarks possible at 10 year intervals. The draft law also discusses examination of marks and provides third parties with an opportunity to oppose published marks. However, once the law is in place, a major impact will be that trademark proprietors who have registered declarations of ownerships with the Office of the Registry of Deeds and Assurances will be required to apply for a fresh application. These proprietors, however, are likely to receive the benefit of a grace period of three years after the implementation of the new law to file a new application and are also likely to receive priority under the new system. It is not clear at this stage whether prior use of a mark will be taken into consideration once the new laws are implemented, given that the new system will follow the first to file principle.

While the draft trademark law is pending, certain changes to the practice have been implemented by the Office of the Registry of Deeds and Assurances that directly impact trademark owners. Under the old system, an assignment of trademarks was recorded by simply filing the Deed of Assignment together with a Declaration of Assignment. There were no specific requirements with respect to the contents of the Deed of Assignment. Also, there was a flat stamp duty rate that was applied to foreign-currency denominated documents. With the implementation of the new tax laws, all assignment documents filed in Myanmar are required to disclose a nominal value of the transfer, set at a minimum of US$100. A Stamp Fee of 3% based on the declared value is required to be paid for any transfer/sale/assignment of property. And, the registration fees for the assignment recordal have been set at .002% of the declared value.

To record the assignment, a trademark owner will be required to submit a Declaration of Assignment of Ownership of Trademark, a power of attorney (one from the assignor and one from the assignee), a certified copy of the executed assignment deed covering the relevant marks/goods in the jurisdiction concerned, and copies of the registration certificates for the trademarks to be assigned.

Conclusion

With the approaching implementation of a new IP regime, IP owners can expect a more efficient and structured registration process for trademark proprietors. Moreover, the implementation of the new law is expected to lead to the creation of government agencies such as the Intellectual Property Office of Myanmar and the creation of IP courts. However, it remains to be seen whether the laws are likely to be implemented soon and whether the new laws will in fact continue to effectively protect the rights granted to trademark owners under the old regime.

 

 

This article was first published in Asia IP on March 31, 2016. For more information, please visit http://www.asiaiplaw.com/ .

 

 

 

 

水曜, 23 3月 2016 06:06

Plagiarism in Advertising Law

Advertising agencies that make imitation or adaptation of work of others are producing what is illegal, therefore immoral and unethical.

In a recent case, Dentsu Utama, a Malaysian advertising agency, was accused of plagiarizing the artwork of British designer, Tom Anders. The ad agency however, has vehemently defended these accusations. The artwork by Dentsu Utama was for a World Wildlife Foundation (WWF) advertisement campaign which went on to win a prestigious award for advertising.

The respective artworks are shown in the diagram below.  

Malaysia020816a Tom vs Dentsu

Tom claimed copyright infringement. Tom claims that Dentsu Utama copied his artwork, and the level of copying was considered to be misappropriation.

Sources indicate that Tom’s artwork was published on the 27th of April 2014 while Dentsu Utama’s artwork was published on 22nd of July 2015. In light of the publication dates, Tom’s artwork would be the first publication.

Using a lay comparison, both the artwork shows that Tom’s gorilla is remarkably similar to Dentsu Utama’s. Both parties’ artwork makes use of circles; however, Dentsu Utama may have adapted the circles to give the impression of dissimilarity.  

 

Malaysia020816b

Erik Johansson’s ‘The Architect’ (left) and Dentsu Utama’s ad for Web Privacy Watch (right)

Dentsu Utama insists that the work is original and any similarity was coincidence. This defense appears weak as the advertisement agency has a history of producing artwork similar to others. In another cases, the Malaysian Association of Accredited Advertising Agents (4As) decided that the 'Professional Man' (above) was similar to the work of Swedish artist Erik Johansson's entitled The Architect.

The Association of Accredited Advertising Agents (4As) (organizers of the Kancil Awards) have disqualified Dentsu’s work and revoked the Kancil awarded to Dentsu Utama. In response to the decision by the 4As, Dentsu Utama has quit the 4As on the 8th of January 2016.

The Malaysian Intellectual Property Office (MyIPO) has recently introduced a voluntary notification system. It is highly advisable to make use of it as an added form of copyright protection for makers of any copyrightable work.

 

This article was first published in Volume 11, Issue 1 of the GALA Gazette. For more information, please visit http://galalaw.com.

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

When a patent owner desires to abandon a patent, usually they simply do so by non-action, i.e. by stopping payment of the annuity fees. However, the same may not be true in Indonesia, and this has now become one of the most debated subjects among IP practitioners in this territory.

The relevant provisions are Articles 39, 88, 90 and 115 of Patent Law No. 14 of 2001:


Article 39

(1) A patent application may be withdrawn by submitting a written request to the Directorate General.
(2) Further provisions concerning the withdrawal of an application shall be regulated by a Presidential Decree.

Article 88

A patent may be declared as canceled by operation of law if the patent holder does not fulfill his obligation to pay the annual fees within the period stipulated under this Law.

Article 115

(1) If within 3 (three) consecutive years a patent holder has not paid the annual fees as stipulated in Article 18 and Article 114, the relevant patent shall be declared to be canceled by operation of law on the date constituting the time limit for the payment for the third year.
(2) In the event the failure to meet the obligation regarding the payment of annual fees concerns the payment of annual fees for the eighteenth and subsequent years, the relevant patent shall be deemed void on the time limit for the payment of annual fee for the relevant year.
(3) The revocation of a patent on the grounds as referred to in paragraphs (1) and (2) shall be recorded and published.

In general, annuity fees in Indonesia may be paid within three years or 36 months. Late payment charges will be imposed if the fees are paid within the 13th to the 36th month.

Based on the above regulations, the non-payment of annuity fees within the three year period will cause the patent to become null and void. However, if no action is taken by the patent owner, the unpaid annuity fees for three consecutive years must be settled because the patent remains in force during the period for payment of the annuity fee. Thus, in the event three consecutive annuity fees are not paid by the patent owner, the patent will be considered null and void by law. However, the patent owner has an outstanding obligation to settle the annuity fees and late payment charges corresponding to the three years that the patent has remained in force.

To prevent the unexpected accumulation of unpaid annuity fees and late payment charges, it is recommended that a request for abandonment be filed with the Indonesia Patent Office, if it is indeed the intention of the patent holder to abandon a registered patent. It is also recommended that the request for abandonment be filed before the end of the relevant protection period in order to prevent payment of the annuity fees for the succeeding years.

For example, if a patent was filed on December 16, 2008, and granted on March 13, 2013, and the patent holder wishes to abandon the patent at this time, provided all back taxes have been paid, the request for abandonment must be filed by December 15, 2015, so that the patent owner only has to pay the seventh year annuity fees. If the request for abandonment is filed between December 16, 2015, and December 15, 2016, the patent owner has the obligation to pay the annuity fees for the seventh and eighth year protection periods. Further, if no annuity fee payment is made starting from the seventh year protection period, the patent will be deemed null and void by March 13, 2018, and the annuity for the seventh, eighth and ninth year protection periods will remain payable by the patent holder.

The DGIP sends a total of three notices. If there is no settlement of the outstanding annuity fees, the matter will be endorsed to the Ministry of Finance of the Republic of Indonesia as a debt collection matter with a further penalty of 10% of the total amount due.

In other words, abandonment by non-payment or non-action on the part of the patent owner will only lead to outstanding annuity fees that will later be considered a debt even when the relevant patent is deemed null and void by law.

While the Indonesia Patent Law has been in force since 2001, it is only in recent years that the Directorate General of Intellectual Property Rights (DGIP) started sending notices of nonpayment of annuity fees directly to patent owners. Thus, in 2013, patent owners started receiving notices to settle outstanding annuity fees for patents that have been abandoned a long time ago.

Until the law is changed, patent owners are well advised to follow the rules of patent abandonment in Indonesia. Otherwise, patent owners may find themselves owing the Government of Indonesia for accumulated annuity fees and late payment charges.

 

This article was first published in Asia IP on November 30, 2015. For more information, please visit http://www.asiaiplaw.com/ .

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

In a recent hearing at the Intellectual Property Office of Singapore (IPOS), Converse Inc. (the opponent) failed in its attempt to prevent the registration of Trade Mark Application No. T0705265E (the application mark) in Class 25, filed by Southern Rubber Works Sdn Bhd (the applicant). The application mark is reproduced on this page along with one of the registered marks which the opponent sought to rely on in the opposition proceedings.
The goods for which registration was sought were classified as footwear, clothing and headwear. The same was said for the opponent’s marks. The opponent also maintained that they are known for the star device, which appears in most of their marks and all of their products.
 
The opponent argued that, based on Section 8(2)(b) of the Trade Marks Act, the application mark is confusingly similar to several of the opponent’s earlier marks. The hearing officer, however, held that only the Converse mark shown on this page – registered trademark numbers T9710480C and T8705620B – ought to be considered under this ground of opposition. Both marks consist of two concentric circles very close together, a star in the middle and some words within the circles. The words can be seen to be similar in terms of the placement around the star although the words “CHUCK TAYLOR” going across the star in the opponent’s mark is the main difference between the two marks.

 

Converse All Star mark

 

Classic Jazz Star mark


The hearing officer further held that, being more prominent than the words, the star device in the centre of both marks is the distinctive component of each mark. Nevertheless, there are differences in the star devices with the opponent’s star device being in one solid colour while the star device in the application mark is half coloured and half white. Given the close similarities of the various elements in the two marks, the hearing officer held that the two marks are indeed visually similar.
 
Despite the star device being the prominent feature of both marks, it was held that in determining the aural similarity of the marks, the textual components of the marks are to be compared. In this aspect, the application mark consists of “CLASSIC” and “JAZZ STAR” while the opponent’s mark consists of “CONVERSE”, “ALL STAR” and “CHUCK TAYLOR” in stylized form. Both marks contain the brand names of each, being “JAZZ STAR” and “CONVERSE” and therefore they would aurally be referred to by their brand names rather than by the star devices deemed to be the distinctive element in each mark. Based on their textual components, the two competing marks are aurally dissimilar.
 
It was also held by the hearing officer that there was little conceptual similarity between the two marks given that both contained their brand names which were different.
 
When considering the similarity between the goods, the hearing officer held that it is important to determine how the goods are regarded for the purposes of trade. In the instant case, it was held that the goods of both are similar given that they are usually sold through the same trade channels and that consumers would consider it normal for such goods to be sold under the same mark.
 
In considering the likelihood of confusion between the competing marks, it was held that given the aural and conceptual differences, the similarities between them are not to a high degree. Due to the imperfect recollection of consumers, it was held that consumers would remember the opponent’s mark by the term “CONVERSE” and as such, the dissimilarity in the words that make up the two marks outweigh the visual similarity between said marks. Further there are various other star devices belonging to other proprietors on the Register and thus consumers would be used to seeing different forms of star devices and would not necessarily associate a star device with the opponent. As such, no likelihood of confusion was found.
 
As for Section 8(7)(a) of the Trade Marks Act relating to passing off, it was held that while the opponent has goodwill in their mark, there was no misrepresentation on the part of the applicant in respect of the opponent’s potential customers because of the lack of confusing similarity. With regard to Section 7(6) of the Act concerning applications made in bad faith, it was found that the opponent had not adduced any concrete evidence to show bad faith on the part of the applicant.
 
The outcome of this case goes to show that what is deemed to be the dominant element of a trademark is not always the most distinctive element and that other elements have to be considered as well.

 

 

This article was first published in Asia IP on August 31, 2015. For further information, please visit http://www.asiaiplaw.com/ .

 

 

 

 

The Supreme Court of the Philippines finally put to rest decades of dispute between Taiwan Kolin Corporation (TKC), a Taiwanese corporation, and Kolin Electronics Company, Inc. (KEC), a Philippine corporation. Both are engaged in the manufacture and sale of electronic products.
 
KEC Opposes TKC in 2006 on the Ground of Confusing Similarity 

This case stemmed from an opposition case lodged by KEC (herein, respondent) against an application for registration filed by TKC (herein, petitioner) for “KOLIN” for use in Class 09, particularly: television sets, cassette recorders, VCD amplifiers, camcorders and other audio/video electronic equipment, etc.

In its opposition, KEC argued that TKC’s KOLIN mark is identical, if not, confusingly similar to KEC’s registered KOLIN mark covering the following products in Class 09: automatic voltage regulators, converters, chargers, rechargers, stereo boosters, AC-DC regulated power-supplies, step-down transformers and PA-amplified AC-DC.

Ruling in favour of KEC, the Bureau of Legal Affairs of the Intellectual Property Office of the Philippines (BLA-IPO) rejected the application for registration of TKC and stated that a mark cannot be registered if it is identical with a registered mark belonging to a different proprietor in respect of the same or closely-related goods.

The BLA-IPO noted that there was proof of actual confusion in the form of consumers writing numerous e-mails to KEC asking for information, service, and complaints about TKC’s products.

Not the Classification Alone, But the Description of the Products
 
Aggrieved, TKC appealed to the Office of the Director General of the IPOPHL. The director reversed the ruling and held that product classification alone cannot serve as a decisive factor in the resolution of whether or not the goods are related and that emphasis should be on the similarity of the product involved and not on the arbitrary classification or general description of their properties or characteristics. The director emphasized that “the mere fact that one person has adopted and used a particular trademark for his goods does not prevent the adoption and use of the same trademark by others on articles of a different description.”
 
And the Rivalry Continues to the Appellate Courts

This time, it was KEC who appealed to the Court of Appeals.

Ultimately, the appellate court sided with KEC instead and sustained the finding of confusing similarity, as held by the BLA-IPOPHL and found that there are “no other designs, special shape or easily identifiable earmarks that would differentiate the products of both competing companies. Further, the Court of Appeals ratiocinated that, “the intertwined use of television sets with amplifier, booster and voltage regulator bolstered the fact that televisions can be considered as a normal expansion of Kolin Electronics, and is thereby deemed covered by its trademark as explicitly protected by the Intellectual Property Code.”

Hence, TKC elevated the matter to the Supreme Court. Finally settling what seems to be a legal conundrum, with the lower tribunals contradicting each other, the Supreme Court ruled favorably for TKC. Stressing two main points, the court found that: first, the products covered by TKC’s application and KEC’s registration are unrelated, and second, the ordinary intelligent buyer is not likely to be confused.

In finding that the goods covered by both the marks are unrelated, the Supreme Court stated that “the classification of the products under the Nice Classification is merely part and parcel of the factors to be considered in ascertaining whether the goods are related. It is not sufficient to state that the goods involved herein are electronic products under Class 09 in order to establish relatedness between the goods, for this only accounts for one of the many considerations.”


Electronic Items are Luxury Goods

Credence was given by the Supreme Court to the petitioner’s contentions, to wit, “Taiwan Kolin’s goods are classified as home appliances as opposed to Kolin Electronics’ goods which are power supply and audio equipment accessories.”

At this point, the Supreme Court also extended the ordinary intelligent buyer to electronic products, stressing that “the products involved in the case are, generally speaking, various kinds of electronic products. These are not ordinary consumable items, like catsup, soy sauce or soap which are of minimal cost.

The products of the contending parties are relatively luxury items not easily considered affordable.” As such, it was expected that a buyer is more discerning, cautious and discriminating when purchasing electronic products and would prefer to mull over his purchase. Confusion and deception, then, is less likely.
With this decision, the Supreme Court has considered electronic items as luxury goods by which an average consumer is expected to be more scrutinizing and has added electronic items to the list of products by which the “average buyer” doctrine applies such as jeans, underwear, cigarettes, tobacco and beer.

 

This article was first published in Asia IP on July 31, 2015. For further information, please visit http://www.asiaiplaw.com/ .

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College Of DuPage’s College Theater Presents Non-Traditional, Gender-Blind Staging Of Shakespeare’s “Julius Caesar” At The McAninch Arts Center March 3-20 College of DuPage (COD) College Theater presents William Shakespeare's psychological drama "Julius Caesar," directed by Carl Lindberg at the McAninch Arts Center's intimate Studio Theatre, March 3-20. A preview will be held Thursday, March 3 at 8 p.m. Opening is Friday, March 4 at 8 p.m. Please note: This show contains adult language and themes. To emphasize the timelessness of Shakespeare's classic drama, director Lindberg has chosen to set the play in the 1920s and use gender-blind casting, with the roles of both Julius Caesar and Brutus played by women. "Julius Caesar," is one of several plays written by Shakespeare based on true events from Roman history. "Beware the ides of March" and "Et tu, Brute?" are famous lines from this epic tale that begins when Caesar returns to Rome as dictator but his closest friends and peers are determined to change who is in charge. Says Lindberg, "The production illustrates how a villain may be viewed as a hero, and a hero, a villain. The central characters all appear to want what is best for their city of Rome, just as our civic leaders do for our modern day communities. But Shakespeare makes us contemplate the frailty of man. . . and not so much the end, but the means to that end and how much are we willing to pay to achieve it." The cast for "Julius Caesar," hails from 14 Chicago suburbs including Addison, Aurora, Bensenville, Bloomingdale, Carol Stream, Chicago, Downers Grove, Elmhurst, Glen Ellyn, Lemont, Lombard, Naperville, Westmont and Winfield. It features Leo Aiello (Strato), Miky Belmonte (Cinna), Michael Bunn (Calphurnia), Jacob Coats (Cassius), Cally Cortado (Decius), Anita Constabile (Casca), Nathan Cozzi (Octavius), Samantha D'Alberti (Blacksmith), Victoria Depa (Pindarus), Mollie Early (Shopkeeper), Kennedy Hayes (Publius), Kayla Lewis (Antony's Servant), James Martuzzo (Lucius), Koshie Mills (Portia), Olivia Morgan (Ligarius), Jordan Morris (Cobbler), Phoebe Newton (Soothsayer), Richard Petry (Metellus Cimber), Alex Price (Julius Caesar), Nakia Satterwhite (Cicero), Jennifer Schwartz (Carpenter), Marisa Warner (Marcus Brutus) and Patrick Wood (Antony). pre bonded hairThe design team includes Chicago's Carl Lindberg (director), Aurora's Michael Moon (scenic/properties/sound design), Chicago's Kimberly Morris (costume/ makeup/hair design), Glen Ellyn's Jon Gantt (lighting design) and John Tovar (fight and movement choreography). Naperville's Renata Hatcher is stage manager. Assistant stage managers are Victoria Depa, Mollie Early and Auguste Pilelyte. Carl Lindberg (director) has worked as an actor and directed throughout the country at prominent theaters including Chicago's Lookingglass Theatre, Remy Bumppo Theatre Co., and Oak Park Festival Theatre. "Julius Caesar" is his second College of DuPage College Theater production after previously directing "Earth & Sky." Buffalo Theatre Ensemble credits include "Moon Over Buffalo" (Paul) and "Tuesdays With Morrie" (Mitch Albom). Carl is an adjunct professor within the COD's Theater Department. Offering an Associate in Arts degree, the COD College Theater Department offers a variety of courses including Acting I and II, Acting for the Camera, Audition, Dance Theatre I and II, Directing, Improvisation, Stage Combat - Armed and Unarmed, Stagecraft, Stage Management, Stage Movement, Stage Make-up, Technical Production, Theater Appreciation and Voice Over Acting. Support is made possible by a generous gift from the College of DuPage Foundation's Dr. Donald and Helen (Gum) Westlake Fund for Student Productions. College of DuPage (COD) College Theater presents William Shakespeare's "Julius Caesar, in the intimate Studio Theatre of Glen Ellyn's McAninch Arts Center, 425 Fawell Blvd. March 3-20. Running time is approximately two hours with one intermission. A preview will be held Thursday, March 3 at 8 p.m.; opening is Friday, March 4 at 8 p.m. Performances are Thursday-Saturday at 8 p.m. and Sunday at 3 p.m. Pre-show discussion with designers and director: Thursday, March 3 at 6:45 p.m. Post-show discussion with director and actors: Friday, March 11. Tickets are $14 adult, $12 senior and student. For tickets or more information call 630.942.4000 or visit AtTheMAC.org. Two daytime School Stage performances will take place 10 a.m. on Tuesday, March 8 and Wednesday, March 9. Tickets for these performances are $8. These performances are appropriate for grades 9th-12th. For more information call 630.942.2220. This item was posted by a community contributor. To read more about community contributors, click here.

Former College of DuPage student Alexis Reisch has received a Fulbright U.S. Student Program grant to study neuroscience in Sweden. Recipients of Fulbright awards are selected on the basis of academic and professional achievement as well as record of service and demonstrated leadership in their respective fields. Reisch, originally from Lagrange Highlands, graduated this spring from the Honors College at the University of Illinois at Chicago with a bachelor's degree in Neuroscience and will leave in September for Linköping University in Sweden. "My project, 'Exposure to Early Life Trauma as a Risk Factor for Impaired Emotion Regulation,' will examine how childhood... § College of DuPage has announced 129 incoming students as Scholars Award recipients for fall 2016. The awards fall into two categories: Presidential, a 64-semester hour full tuition scholarship, and Board of Trustees, which is $2,500 per year. Earl Dowling, Vice President of Student Affairs, said this year's scholars reflect high levels of academic achievement, with average GPAs of 4.17 on a 4.0 scale and average ACT scores of 29. This year's Presidential Scholars are as follows (listed by hometown and then with high school attended): Addison: Catherine Burlage, Addison Trail; Atika Hermani, Addison Trail Aurora: Vanessa Hadweh Smith, Waubonsie Valley; Eric... remy hair extensions The Interior Design program at College of DuPage has received seven-year reaccreditation from the National Kitchen and Bath Association (NKBA) for the Kitchen and Bath Design certificate. When the NKBA initially granted endorsement status to the program, College of DuPage was one of only two colleges in Illinois to offer a Kitchen and Bath Design certificate accredited by NKBA. The seven-year maximum reaccreditation reflects upon the high quality of COD's program, said Jane Kielb, Coordinator and Assistant Professor of COD's Interior Design program. "Most professionals working within the kitchen and bath industry are affiliated with NKBA," she said. "The...

The College of DuPage Dance Department will present its second annual Choreographers Showcase at 7 p.m. on Saturday, Aug. 6, in the Playhouse Theatre at the McAninch Arts Center at the Glen Ellyn campus, 425 Fawell Blvd. Eight choreographers were chosen from a highly competitive group of submissions. Artists include Hayley Ader, Francesca Baron, Paige Deets, Taylor Mitchell, Joe Musiel, Sarah Olson, Selena Robinson and Amy Szabo. Cash prizes will be awarded to the top three scorers,   based on creativity and originality. In addition, one participating choreographer may also be chosen to serve as a featured guest at a COD Dance Showcase in the 2016-2017 academic year. One... § College of DuPage, in partnership with the McAninch Arts Center, will host a free concert by "Chicago" tribute band Brass Transit at 7:30 p.m. Friday, Aug. 26, at the Lakeside Pavilion on the Glen Ellyn campus, 425 Fawell Blvd. The concert, which includes fireworks and giveaways, kicks off a yearlong celebration of the College's 50th anniversary. Over the next year, the College will host free on- and off-campus events to highlight the institution's robust history and continued service to students and District 502 residents over the past half-century. Featured events include the COD Food Truck Rally and Sunset 5K on Sept. 17 and a Homecoming Reunion and Homecoming Game... perruques cheveux naturels College of DuPage will host a free seminar for senior citizens about the dangers of scams from 1 to 3 p.m. on Thursday, Aug. 25, in the Homeland Security Education Center, Room 1022, on the College's Glen Ellyn campus, 425 Fawell Blvd. These workshops are free and open to the public. Presented by representatives from the Illinois Attorney General's Office and the Federal Trade Commission, this workshop will cover steps senior citizens can take to protect themselves and fight back against scams, as well as information on what victims of identity theft can do to mitigate damages. Funded through a grant provided by Motorola Solutions, this series is designed to inform... § New College of DuPage President Dr. Ann Rondeau shares her vision for COD during a video interview posted at www.cod.edu/president. "I am humbled and honored to serve this great institution," said Dr. Rondeau, who began her tenure as the College's sixth president on July 1, 2016. "I am ready and eager to get to work to support the students, faculty, staff, alumni and the broader College of DuPage community. We are a student-centric college that believes in helping our students reach their greatest personal and professional potential." Dr. Rondeau is a past president of the National Defense...

Registration is now open for the 2016 College of DuPage Food Truck Rally & Sunset 5K on Saturday, Sept. 17. Advance registration is $19.67 for individuals (to commemorate COD's opening in 1967 and its 50th anniversary), $5 for currently enrolled COD students (limitations apply) and $5 for the 100-Yard Youth Dash. Registration fees for children ages 5 to 12 and participants over 60 is $10. Participants who recruit three additional people to register for the 2016 event at the discounted price of $10 will receive a free race admission for next year's 2017 Food Truck Rally & Sunset 5K event. Click here for more information and to register. Sponsored by DuPage Medical... § New College of DuPage President Dr. Ann Rondeau, Board Chairman Deanne Mazzochi, Board Secretary Frank Napolitano and Trustees Charles Bernstein and Joe Wozniak walked the route of the Glen Ellyn July 4 parade with COD athletes, faculty, staff, student ambassadors and additional members of student clubs and organizations to celebrate Independence Day and begin a yearlong celebration of the College's 50th anniversary. The McAninch Arts Center, which is celebrating its 30th anniversary, will kick-off the College's 50th with a free concert by Brass Transit, a Chicago cover band, fireworks and giveaways at 7:30 p.m. on Friday, Aug. 26. Click here for a complete list of all 50th anniversary... § McAninch Arts Center, located at 425 Fawell Blvd. on the campus of College of DuPage (COD) in Glen Ellyn, opens the 2016 Lakeside Pavilion Free Outdoor Summer Series July 14 at 8 p.m. with "Mary Poppins," (1964) starring Julie Andrews and Dick Van Dyke. Following "Mary Poppins" its Disney's "Aladdin" (1992) featuring the Academy Award-winning song "I Could Show You the World" and the voices of Robin Williams as the Genie and Gilbert Gottfried as the parrot, Iago ( July 21). The film series wraps up Thursday, July 28 with the most recent film in the popular Star Wars series, "Star Wars: The Force Awakens" (2015). All movies begin at dusk... perruques cheveux College of DuPage will host a free information session on the College's Paralegal Studies program from 6 to 7:30 p.m. on Wednesday, July 27, in the Berg Instructional Center, Room 2726, on the College's Glen Ellyn campus, 425 Fawell Blvd. Working under the supervision of an attorney, paralegals help provide high-quality, cost-effective legal services to the public or private sector. Paralegals are engaged in an increasingly wide range of tasks, including assisting lawyers in civil and criminal trials and hearings, real estate closings, investigations and corporate matters. For more information about this session, contact Paralegal Studies Program Coordinator Sally Fairbank... § Class is in session at Rydell High this summer. The College of DuPage College Theater production of "Grease" runs July 7-17 in the college's Playhouse Theater. Performances are at 7 p.m. Thursday to Sunday. The musical is directed by COD Director of Theater Connie Canaday Howard. She's directed it once before, as her thesis in graduate school. It hasn't been done at The Mac since 1984 or '85, to her knowledge. She's happy to bring the senior class of 1959 back. "We were looking for a piece that had lots of energy that we could produce in the Playhouse, that had name recognition and would really excite the students," she said. "All of that is...

Welcome! Come on in! As you open this web page I am delighted to welcome you and invite you inside the extraordinary place known as College of DuPage. Whether you are taking a class online and working full time, fulfilling credits to transfer, working toward a degree, supplementing other studies, enhancing your skills in a current career, or are entering higher education for the first time - we are here for you. We stand alongside you today and will be here alongside for you tomorrow. We serve you. With a deep sense of purpose and enormous satisfaction, we serve and help to reveal potential, create confidence, build pride, teach and impart knowledge, and establish new... § Ann Rondeau has a firm handshake, an even gaze and the experience of having once restored order and morale to an institution where the leader was dismissed amid a financial scandal. Rondeau, a retired three-star Navy vice admiral, began her new job Friday as president of the College of DuPage with the goal of renewing confidence and transparency tattered by fiscal tumult that led to the firing of the school's former president. Robert Breuder was fired as president by the school's board of trustees in October after a Chicago Tribune investigation uncovered wide-ranging spending abuses, including hundreds of thousands of taxpayer and donor dollars spent by him and other senior... lace front wigs College of DuPage Architecture student Matthew Ziemer recently earned the top prize at the second annual Coalition of Community College Architectures Programs student design competition. Fellow COD student Douglas Lemley received Honorable Mention in the competition. Winners were announced at the CCCAP's annual conference held last month in Philadelphia. Ziemer's design (pictured) incorporates a series of levels to coexist with a series of plateaus found at Blackwell Forest Preserve in Wheaton. In keeping with the natural theme, Zeimer's material choices, sun shades and solar panels reduce the chapel's carbon footprint. More than 100 students from 13 community colleges... § College of DuPage student Ugne Narbutaite has been selected as the student representative for the Illinois Community College Board (ICCB) Student Advisory Committee. Narbutaite (Aurora) will begin her year-long term of service on July 1 and fills the seat previously held by COD student Stephanie Torres. Stephanie Quirk, coordinator of Student Activities at College of DuPage, said this is only the second time that back-to-back terms have been served by students from the same institution. "To say we are thrilled is an understatement," Quirk said. "Ugne will be a wonderful student representative to ICCB." Narbutaite didn't even know the position...

Marcus Theatres is awarding $12,000 in academic scholarships to its associates who have displayed above-and-beyond dedication to maintaining a strong and challenging academic career. Of all associates who applied across the company's 53-theatre circuit, one of the winners is an Addison student. Hector Sanchez of Marcus Addison Cinema has been named one of the eight winners. Hector plans to fulfill his general education requirements at College of DuPage this fall. He will then transfer to a full-year college to study computer engineering. When Hector is not studying or helping customers at Addison Cinema, he enjoys reading and practicing Rubik's cube, which he can solve in less... § Participants (above) learn about the history of tallgrass prairies in Illinois, the restoration of the College of DuPage prairies, the role of fire in tallgrass prairie and characteristics of a more than 100 species of native Illinois plants found throughout the 18-acre Russell R. Kirt prairie preserve on COD's campus in Glen Ellyn. Click here to see more photos of the free tour. A glimpse of the time when tallgrass prairie still existed plentifully in the area, the College's prairie areas serve as an outdoor classroom in the biological sciences, enabling students an opportunity to gain real-world experience in field-based research. Additional free tours of the Russell R. Kirt... § The College of DuPage board of trustees adopted a balanced budget for fiscal year 2017 that takes into account a funding shortfall from the state and resurrects financial support for a reinstated theater company. With operating funds revenue at $173.3 million and expenditures of $172.9 million, the college will have a balanced budget, despite not receiving all the state funding that was expected in the current fiscal year. Fiscal year 2017 begins July 1, which is also the start date for the incoming college president, Ann Rondeau. "I hope that everyone will understand that the board is engaged not only through this budget, but in other ways, in trying to be... cosplay wigs For the third consecutive year, five College of DuPage students are participating in prestigious summer chemistry research internships through the College Foundation's Resource for Excellence Grant program. Valentina Guarino of Wood Dale and Colin Kelliher of LaGrange are at Northwestern University, and Gareth Chavez of Darien, Michael Giurini of Naperville and Kai Libby of Wheaton are at Hope College in Michigan. The Resource for Excellence Grant program provides funding to test new ideas, pilot new programs or methods, or conduct research. Chemistry Professor Richard Jarman and Assistant Chemistry and Biochemistry Professor Gary Roby secure funding through the grant... § Sally Ketcher is proof a person is never too old to fulfill their dreams. When many of her contemporaries were counting down the days to retirement, the Naperville woman was graduating from college at age 65 and starting a career in nursing. Nearly a quarter of a decade later, the nearly nonagenarian is still working part time as a nurse at a senior living facility in Lombard. Many of her patients are younger than Ketcher, who will turn 90 in September and just renewed her nursing license for another two years. "That's the funny part," said Ketcher, her face lighting up with an ear-to-ear grin. "There are a couple people in their 100s and a few... § During the lunch rush at Waterleaf, the College of DuPage's restaurant, Roxanne Strutynsky plated piece after piece of panna cotta as her classmates added garnishes of peaches in wine. It was the first day of the first summer in which the eatery is being run entirely by students. Last August, the professionals running it were ousted by the College of DuPage board of trustees after a Chicago Tribune investigation found spending abuses by former college President Robert Breuder. The board left operations to the college's hospitality and culinary students under the supervision of faculty members. "I love this," said Strutynsky, 26, of Glen Ellyn. "It's what it...

Registration is under way for College of DuPage fall New Student Orientation sessions. Three free sessions will be offered from 9 a.m. to 3:30 p.m. Tuesday through Thursday, Aug. 9 to 11, in the McAninch Arts Center at the Glen Ellyn campus, 425 Fawell Blvd. Registration is required. Students who register by Friday, June 24, will receive a free gift. The free sessions include information on Student Life, Financial Aid, Student Services and other important first-year topics. Participants also have the opportunity to meet current COD students, faculty and staff, and enjoy a free lunch. NSO attendees receive valuable information on where to find assistance, how to use... § Glenn Perricone begrudgingly embarked on a service learning project at College of DuPage and discovered a career. As he started his second year at College of DuPage, Perricone enrolled in "Environmental Ethics," which required him to complete 15 hours of service learning. He was not looking forward to the experience. "I was a very high-strung and stressed Political Science student and found such a commitment annoying," he said. "Nevertheless, a week or two later, I found myself walking through the volunteer fair looking at a plethora of amazing volunteer opportunities that the College had set up. I walked past a table without even gazing at it when a... § College of DuPage College Theater presents brings Rydell High to life in a production of Jim Jacobs and Warren Casey's "Grease" Thursday, July 7, to Sunday, July 17. Performances are 7 p.m. in the McAninch Art Center's Playhouse Theatre on the Glen Ellyn campus, 425 Fawell Blvd. Click here for a cast list. In 1959, Rydell's senior class, including Danny, Sandy, Rizzo and Kenickie, navigate the last days of high school, learning about themselves and their relationships. The popular musical debuted in Chicago in 1971 before moving to New York, where it garnered seven Tony Award nominations. It was adapted for the screen in 1978 and starred Olivia Newton John, John...